Defendant

All appeals filed by A, B and prosecutor are dismissed.

Of the judgment of the court below, "However, this judgment has become final and conclusive.

1. Summary of grounds for appeal;

A. Defendant A, B1) Defendant A, and B did not meet the probability that they would be an executive officer of the Housing Reconstruction Project Association deemed public officials at the time of acceptance of bribe, and thus do not constitute a person who is a public official. 2) There is no fact that the above Defendants received solicitation regarding the duties to be responsible for.

3) Regarding the amount of Defendant A’s additional collection, the value of the red ginseng source was calculated erroneously. (b) Defendant A and B had rarely been working as an officer of the partnership even after the establishment of the partnership, with respect to the receipt of property in breach of trust and the receipt of property in breach of trust.

2) With respect to the offering of bribe and the offering of bribe, it is recognized that the performance of duties is also included in the customary or practical act under the jurisdiction of the person who is in charge of the bribery, and the act of assisting or influencing the person who is in charge of the decision-making. 3) In relation to the sentencing of Defendant A and B, the lower court’s sentence (Defendant A: 8 months of imprisonment, 2 years of suspended execution, 2 years of fine, 20 million won of fine, 7,457, 250 won of additional collection, 6 months of suspended execution, 2 years of imprisonment, 15 million won of fine, 60 million won of additional collection, 2 years of suspended execution, 60 million won of fine, 917, 250)

2. Determination as to Defendant A and B’s assertion

A. As to the argument regarding Defendant A and B’s status, “a person who is a public official or an arbitrator” as prescribed by Article 129(2) of the Criminal Act includes not only a person who is waiting for the appointment of public officials after passing an employment examination or who is expected to be a public official or an arbitrator, such as a person whose election becomes final and conclusive by election, but also a person who is likely to be a public official or an arbitrator (see, e.g., Supreme Court Decision 2009Do7040, May 13, 2010). In light of the foregoing legal doctrine, considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the court below comprehensively takes into account: